Kumar Motors Pvt. Ltd. Through Its Managing Director Shri Rajiv Nair v. Official Liquidaor Of Kumar Motors Pvt. Ltd. Bombay High Court

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2797 OF 2025 IN COMPANY PETITION NO. 468 OF 2013 Kumar Motors Pvt. Ltd. Through Its Managing Director Shri Rajiv Nair ...Applicant

Versus

Official Liquidaor Of Kumar Motors Pvt. Ltd. Bombay High Court & Ors.

...Respondents

WITH SHOW CAUSE NOTICE NO.1 OF 2025 IN INTERIM APPLICATION NO. 2797 OF 2025 WITH OFFICIAL LIQUIDATOR REPORT NO. 74 OF 2024 WITH INTERIM APPLICATION NO. 2917 OF 2025 IN COMPANY PETITION NO. 468 OF 2013 _______ Mr. Aditya Pimple a/w Mr. Aakash Joshi and Mr. Amarjit Prasad, for the Applicant in IA/2997/2025.

Ms. Aradhya Dixit i/b Apex Law Partners, for the Applicant in IA/2917/2025. Mr. Shikhil Suri, Sr. Adv. a/w Mr. Ameya Deosthale, Ms. Bhoomi Shah i/b Stratage Law Partners, for Respondent Nos.3 and 4. Mr. Girish N. Kulkarni Respondent No.3 and Ms. Sarika G. Kulkarni, Respondent No.4 are present in person.

Mr. Rushabh Sheth, for the Official Liquidator. Mr. J. P. Gautam, Dy. Official Liquidator, present. _______ CORAM : ARIF S. DOCTOR, J.

th FEBRUARY, 2026 DATE : 9 Vaibhav

2/2 43-IA-2797-2025 (OS).DOC P.C.

1.

At the outset, Mr. Suri, learned senior counsel for Respondent Nos. 3 and 4, submits that the question of contempt against his clients does not arise, since they had in fact never been called upon by the Official Liquidator to make payment of the security charges.

2.

Mr. Suri further points out that his clients had duly discharged payment of the security charges up to the date of dismissal of the Petition and it was now the obligation of the Applicant and the secured creditors to make payment of the security charges. He, therefore, prays that the personal presence of Respondent Nos. 3 and 4 be dispensed with on their undertaking that they shall be present virtually and remain physically present when the Court so requires. 3.

Mr. Pimple, learned counsel for the Applicant submits that, in the event this Court finds that the Applicant is liable to make payment of all outstanding security charges, the Applicant shall undertakes to do so. 4.

On the next date, the presence of Respondent Nos. 3 and 4 would not be required.

rd February 2026.

5.

Stand over to 23 [ARIF S. DOCTOR, J.] Vaibhav